Legislation
Secretary Napolitano Clarifies President’s Deferred Action Plan…Again
Today, DHS Secretary Janet Napolitano testified before the House Judiciary Committee and, as expected, defended the administration’s use of prosecutorial discretion and recently announced deferred action policies for qualified DREAMers—fielding questions and accusations from those who would rather take Napolitano to task than focus on creating smart, humane, and effective immigration policies. Read More
Critics Try to Sink Obama’s Deferred Action Program Before It Even Begins
Secretary Janet Napolitano is set to testify before the House Judiciary Committee tomorrow and the number one topic is likely to be the June 15 announcement of Deferred Action for Dreamers. Now that a majority of the Supreme Court has blessed the use of prosecutorial discretion as a legitimate function of the executive branch, critics of deferred action for DREAMers have moved on to a golden oldie: raising the specter of fraud in order to defeat or delay the program. In a recent letter to ICE Director John Morton, Judiciary Chair Lamar Smith argued that the new initiative will invite thousands of undocumented immigrants to fake documents proving that they meet the requirements of the program, likening it to the Special Agricultural Worker legalization program of 1986. By conjuring up ghosts of the past, Congressman Smith not only confuses the nature of legalization and deferred action, but ignores the dramatic changes in immigration adjudication and enforcement that have taken place since 1986. Read More
Civil Rights Groups Resume Legal Challenges to Alabama’s Immigration Law
Less than three weeks after the Supreme Court’s landmark decision in Arizona v. United States—which struck down three provisions of SB 1070 and invited future challenges to a fourth—civil rights groups are back in court resuming their challenges to copycat laws in other states. Going forward, the lawsuits will focus more on how to interpret the Justices’ decision and less on theoretical legal questions about states’ rights. While the cases in Alabama and other states may take years to resolve, it is already clear that parts of the laws will be immediately struck down. Read More
How the President’s Deferred Action Initiative Will Help the U.S. Economy
President Obama’s June 15 “deferred action” announcement is good not only for the 1.4 million unauthorized children and young adults who have been granted a temporary reprieve from deportation, but also good for the U.S. economy. Each year, tens of thousands of unauthorized students graduate from primary or secondary school, often at the top of their classes. They have the drive and intelligence to become doctors, nurses, teachers, and entrepreneurs, but their lack of legal status has prevented them from attending college or working legally. The President’s deferred action initiative has finally provided them with an opportunity to live up to their full potential and, in the process, earn more, spend more, and pay more in taxes. Read More
In Arizona Case, Supreme Court Affirms Legality of Prosecutorial Discretion
The Supreme Court dealt a blow to the restrictionist movement on Monday by striking down three provisions of Arizona SB 1070 and leaving a fourth vulnerable to future challenge. But in a lesser noticed development, the Court also undercut the arguments of critics who contend the President violated the Constitution by recently directing his administration not to deport otherwise removable immigrants who were brought to the country as children. As the majority opinion confirmed—and not even Justice Scalia denied—the President’s authority to set enforcement priorities is a valid and important aspect of the immigration system. Read More
In Speech, Romney Provides Few Details on Immigration Policy
On Thursday, Mitt Romney gave a much-anticipated speech in which he was expected to address whether—as President—he would reverse the new Obama administration policy toward immigrant youths who would qualify for the DREAM Act. The answer? It’s still unclear. Despite adopting a noticeably softer tone toward undocumented immigrants, Romney again failed to say whether he would overturn the policy and provided few other details as to how he would tackle the most intractable problem of the immigration debate. Read More
President Obama Issued a Directive, Not an “Executive Order” or “New Law”
Immigration hardliners were predictably quick to criticize President Obama’s recent announcement that DHS will use discretion to halt the deportations of eligible immigrant youth. They wasted no time hurling some base-stirring claims—“administrative amnesty,” “end-runs around Congress,” “executive fiat.” However, while folks are free to criticize the President, they should at least strive for accuracy. The President did not create a new law, sign an executive order or grant anyone citizenship or amnesty, he merely directed DHS to exercise discretion to grant deferred action to qualified immigrant youth—an action that is well within his power as President. Read More
A Breakdown of DHS’s Deferred Action for DREAMers
While today’s headlines assess the significance of President Obama’s deferred action announcement on Friday, many are still sorting through the news to get answers to basic questions about who is covered under the new program. Prior to President Obama’s statement that DHS would halt the deportation of immigrant youth who met criteria similar to the DREAM Act, DHS Secretary Janet Napolitano released a memo and a set of questions and answers that outline eligibility and a basic timeline for implementing the new directive . Read More
Even Evangelicals Agree: Congress Needs to Take Action on Immigration
DREAM Act students, immigration advocates and community leaders have turned up the heat on Congress and the Obama administrative in recent weeks to do something, anything, about our nation’s immigration problems. Yesterday, Evangelical leaders—including the National Association of Evangelicals, and Focus on the Family—joined that effort, denouncing recent “self-deportation policies” and calling on leaders to break the gridlock on immigration. Read More
House Votes on Immigration Demonstrate Need for Bolder Executive Action
Last week, the House of Representatives passed an appropriations bill that demonstrates how out of step they are with the public on immigration. House Members passed a series of amendments designed to stop the Obama administration from pursuing humane immigration policies, voting to block funds for any prosecutorial discretion activities, including the new 3 and 10 year bar rule that would allow many applicants to remain in the United States while their applications were being processed. Other amendments would prohibit the administration from cutting 287(g) agreements, funding any alternatives to detention or the ICE Public Advocate’s Office, and even providing translation services for people with limited English proficiency. Read More
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